2011/12/04

when is a religious ceremony necessarily non-religious?

Rather a lot of heat has been generated over the regulations to allow religious premises to be used for conducting Civil Partnership ceremonies, which come in to force this week, I think.

The gist of the so-called 'Ali Amendment' (named after Lord Ali, who proposed it), is that Civil Partnerships can be conducted in religious premises, if the couple in question wishes it, and the relevant faith community allows it.  The new regulations implement this law.

However, this is ill thought out, because the law also determines that a Civil Partnership cannot be conducted within the context of a religious service (just as, at a Civil Wedding, prayers and mentions of God are strictly regulated, and generally prohibited unless in a very vague sense in a poem, etc.).  By some oversight, that provision didn't get repealed.

Various groups - such as the Quakers - are overjoyed at this provision.  Others, much less so.  They are particularly concerned that the option of hosting these non-religious religious ceremonies might get turned into an obligation by equality legislation.  The Anglican lawyers think they're off the hook because the arrangements under which the CofE conducts weddings are very far removed from Civil Marriage - so no dint of inequality arises, because there is no direct comparison anyway.  [This seems to dwell on the letter, rather than the spirit of the law!].

Other churches feel themselves in a more vulnerable position, because both their ability to conduct weddings and the new opportunity to conduct Civil Partnerships (albeit without a religious service while the Registrar is present) are both licenced in the same way with the local Registrar's office (albeit via separate applications).  Though they couldn't be compelled to do something for which they are not licenced, it might be discriminatory for them not to apply for a licence, I guess.

All this seems Pharisaically hypothetical to me. The idea that two people are going to launch a lawsuit to enable them to host the 'happiest day of their lives' in premises where they are manifestly unwelcome seems remarkably far-fetched.  I suppose that after being turned down, some particularly vindictive person might seek damages - but to what end?

Perhaps it would be better to spend time not seeking safeguards, but in looking at what sort of damage this kind of argument does to the message of the gospel.  Jesus pronounced a lot of woe on religious leaders trying to uphold their legal system: to the rest of the population, not so much.  "Love your neighbour" he said - and who is my neighbour?